Virgin media breach of contract...???

Jasonm

Hello all need some advice..
I moved house in April 2012 and in my previous property i had Virgin Media and cancelled it, i received a phone call from an employee called Martin Gilbert offering me a guaranteed fixed price contract..This is the email i received....
"

Hi Jason.

Apologies in delay, managed to speak to tenants at new home, I have now arranged your install for the 18th may pm, it says 1.00-6.00 pm, have requested late as possible for you, please see below what we agreed.

Telephone free e&w calls to landlines and virgin mobiles.
Broadband 100 meg
TV xl, sports and The new TiVo 1tb box and we will relocate your existing v plus box for the second room also with the sports in hd
monthly price £70.25 which includes line rental and vat and price guaranteed for 12 months
you will get a welcome pack which will say full price, please disregard this as part of your discount goes on to the account on the day your are installed.
we have to disconnect you at the current address on the 17th may to ensure smooth transfer of your current telephone number.
Any queries at all, please don't hesitate to either drop me an e-mail or give ma a call.

Regards
martin
virgin media
01914236473
p.s refer the new tenant to get connected and we will credit your account with £50.00.
Tell your friends about this deal, even if they have services we can cancel and put in there partners name"


Today i received an e-mail saying that they are putting my contract up by £3.25 a month due to a price increase by Sky..
So i phoned them today and told them they are in breach of contract and they have told me that there is nothing they can do, so i asked to be put through to the cancellation department and have been told that if i cancel there will be a £190 cancellation charge...!!!!
When i said they were in breach of contract they put the phone down...
Are they in breach and what else can i do...?

electrobix99

If you have the email forward it to them or print it and write to them.

The English in this email is appalling as well and a couple of things do not make sense.

mynameistallulah

There is usually something in the contract that allows them to put rates up within a certain percentage - have you checked this?

Kurtis_Blue

http://store.virginmedia.com/the-legal-stuff/terms-and-conditions-for-fibre-optic-services.html


J3:

If we and/or Virgin Media Payments:
a) increase our charges under this agreement
b) make significant changes to the services so the services you are entitled to receive in return for the charges you pay are significantly altered or reduced; or
c) make significant changes to the terms and conditions of this agreement (including the other legal stuff),

you may cancel those services affected without penalty by giving us and/or Virgin Media Payments (as applicable) at least 30 days' notice. Such notice must be given within 30 days of the increase in charges or changes to the services or this agreement being notified to you. If you were not notified of these changes in advance, you must give notice of cancellation of the services affected to us and/or Virgin Media Payments (as applicable) within 30 days of receipt of your first bill following such increase in charges. If you do not give notice of cancellation within the specified period, you will be deemed to have accepted the increase in charges and/or the changes to the services and this agreement. You will no longer be able to cancel your services under this paragraph. If you cancel any services in these circumstances, the increased charges will not apply to those services during the 30-day notice period and paragraph J2 will not apply if you cancel before the end of the minimum period.

mynameistallulah

Kurtis_Blue wrote: »

http://store.virginmedia.com/the-legal-stuff/terms-and-conditions-for-fibre-optic-services.html


J3:

If we and/or Virgin Media Payments:
a) increase our charges under this agreement
b) make significant changes to the services so the services you are entitled to receive in return for the charges you pay are significantly altered or reduced; or
c) make significant changes to the terms and conditions of this agreement (including the other legal stuff),

you may cancel those services affected without penalty by giving us and/or Virgin Media Payments (as applicable) at least 30 days' notice. Such notice must be given within 30 days of the increase in charges or changes to the services or this agreement being notified to you. If you were not notified of these changes in advance, you must give notice of cancellation of the services affected to us and/or Virgin Media Payments (as applicable) within 30 days of receipt of your first bill following such increase in charges. If you do not give notice of cancellation within the specified period, you will be deemed to have accepted the increase in charges and/or the changes to the services and this agreement. You will no longer be able to cancel your services under this paragraph. If you cancel any services in these circumstances, the increased charges will not apply to those services during the 30-day notice period and paragraph J2 will not apply if you cancel before the end of the minimum period.

This needs to be read in conjunction with section H - you can't pick and choose the bits that fit your argument!

Kurtis_Blue

mynameistallulah wrote: »

This needs to be read in conjunction with section H - you can't pick and choose the bits that fit your argument!

Section H states they may and can change the pricing, the section I quoted states that if they do you can cancel.
This is very clear.

Jasonm

But to cancel they are telling me that they are going to charge me a £190 cancellation fee..

suzeesu2000

I recently had issue with Virgin Media after they
1. Failed to connect my serice for five working days leaving me housebound with no telephone other than 999 calls
2. failed to connect my internet for three days
3. sent me two faulty modems which both interferred with the internet connection
4. repeatedly disconnected me for no reason

Finally had enough and asked for cancellation at the 12 month contract end date. Standard response I got was that I had entered into an 18 month contract and would have to pay a service charge if i left early. I asked them to provide me with proof of my entering into an 18 month contract, something i knew they couldnt as i NEVER agree to an 18 month contract.

My point is, stick to your guns. You entered into a contract based upon the written information given by Virgins employee. If they change the contract you have every right to cancel it without paying them anything.

Strange thing is, Virgin were really s****y with me until I mentioned MSE, Which? and the telecoms authority...

Would advise anyone thinking of going to Virgin Media to stay well away. One of the worst companies I have ever dealt with in my opinion.

Buzby

Your agreement is passive. They will have sent you a letter confirming your commitment and if you did not query this at the time, they will be correct.

As to the OP, they can change pricing by up to 10%, however they will not absorb increases from suppliers.

Kurtis_Blue

Buzby wrote: »

Your agreement is passive. They will have sent you a letter confirming your commitment and if you did not query this at the time, they will be correct.

As to the OP, they can change pricing by up to 10%, however they will not absorb increases from suppliers.

You keep stating 10% but the T&C do not mention this at all, nor anything regarding "suppliers" increases, the T&C are very clear, as a contract needs to be.

Buzby

The 10% is the amount the Courts deem 'reasonable', and over ths they side with the consumer. VM do not state this, but a number of mobile networks do, and list it in their T&C's.

The contract is very clear, I agree - so how come you missed there is no mention of charges? The tariff is NOT part of the contract and never has been.

When VM hit me with charges of £60pa because I refused to pay by DD, I refused to pay and initiated a Small Claims action. I was then eventually given a 'goodwill gesture' that reduced the cost to £18pa - I had to abandon my action as it was too risky to proceed and win, due to the reduction bringing the increase down to 6%.